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Apr 22, 2013
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he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we know. >> you've cut to the very heart of the first and maybe biggest controversy is whether he should be read his rights or encouraged to speak as freely as possible without an attorney present. that's the other part of the miranda proses. the part that you have the right to an attorney. they don't particularly want him to have an attorney right now. >> mie ran y rairanda was invok protect rights. it can impede an investigation but it's to provide personalization and due process. the supreme court was careful in 1984 to charve out this exception to that says if there's an immedia
he's not been read his miranda rights. people are familiar with what mie ran da means. when ever the police arrest somebody stla to tell them that they have the riepght to remain silent and anything they say can be used against them in court. that i plies when there's an immediate threat to the public safety or the offers doing t interrogation. you pointed out there's suspicions and maybe accomplices. we don't know if there were other devices. certainly the fi by is remieing on a lot of what we...
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Apr 20, 2013
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lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when there's a public safety emergency we don't have to give miranda warnings. this is going to be very, very controversial, and then senator mccain under the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war. what that means is mccain is saying the guy doesn't deserve a jury trial. he's going to be, i don't know whether mccain is suggesting he'd be shipped off to guantanamo, which that would be a radical departure from the way justice is handled in the united states, particularly where a naturalized american citizen is involved and at
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when...
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Apr 20, 2013
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that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to look into his activities. there was a belief by that government he might have been involved in some kind of activities. the fbi did look into it. they issued a statement i want to read to you in part saying in response to the 2011 request, the fbi checked data basis looking for things such as derogatory telephone communications, and possible use of online sites associated with the promotion of radical activity, and associations with other persons of interest, and travel history and plans. the fbi did not find anything of concern. and the older brother trav
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to...
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Apr 23, 2013
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from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
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Oct 8, 2013
10/13
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and he did not receive his miranda warnings. but it's true that there will certainly be other evidence that can be used. this is really a terrorist investigation firstance the criminal investigation will take place once you gets back to new york. >> so you and i have a lot more to talk about. >> except, he never got to new york. >> yeah. >> we'll see whether al libi gets to new york at all. >> like i said, i don't think that is going to be comfortable for a while. always great to talk to both of you. you are so much smarter than i. >>> coming up, a new arrest in the steubenville rape case. why an official at the high school has been taken into custody and why i.ty is not on issue. >>> and a brutal take down of by the police. a student in atlantic city. five officers, a police dog, and now that student, fighting back in court. we'll explain. ♪ [ male announcer ] may your lights always be green. [ tires screech ] ♪ [ beeping ] ♪ may you never be stuck behind a stinky truck. [ beeping ] ♪ may things always go your way. but
and he did not receive his miranda warnings. but it's true that there will certainly be other evidence that can be used. this is really a terrorist investigation firstance the criminal investigation will take place once you gets back to new york. >> so you and i have a lot more to talk about. >> except, he never got to new york. >> yeah. >> we'll see whether al libi gets to new york at all. >> like i said, i don't think that is going to be comfortable for a while....
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Apr 22, 2013
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, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any statements of confessions or intention in order to preserve the greater good of getting realtime intelligence information. >> and public safety which cannot be discounted at this time, that fruit of the poisonous tree so critical in this investigation. alan and jeffrey, standby if you will. we're going to delve a lot deeper into the details in the hour ahead. and also within the past hour a funeral mass concluded for one of the three people who was killed in last week's explosions. there were a lot of mourners packing into st. joseph's church in the boston suburb
, remember miranda only excludes the actual statement itself. but if the statements were obtained involuntarily as a result of the sedation, not only can't they use the statements in court, but they can't use any of the fruits of those poison trees. so if they get any leads, they can't use those against this defendant. now, they can use it against others. they can use it for general intelligence gathering. so i agree with jeffrey that they may be making a calculated decision to risk any...
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Apr 21, 2013
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he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and exclusively relying on the public safety exception of miranda could very well be a national security mistake, they call it. they could severely limit our ability to gather critical information about future attacks from this suspect. alex? >> okay. thank you for that latest from the white house, peter alexander. >>> some staggering numbers associated with the world's biggest marathon and a massive security effort trying to prevent another attack. we have a live report next. >>> and boston strong, some poignant and defiant moments as the city returns to life. [ male an
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and...
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Apr 20, 2013
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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
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Apr 28, 2013
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lawmakers are talking this morning about this marathon bomber suspect dzhokhar tsarnaev having his miranda rights read to him in the hospital after 16 hours of questioning. i want to play a clip from the attorney general eric holder talking to cnn last night at the correspondents dinner and -- about his reaction and also reaction this morning from congressman peter king, the republican from new york. let's listen to both. >> the decision to mirandize him was one that the magistrate made and that totally consistent with the laws that we have. we had had a two-day period that we were able to question him under the public safety exception so i think everything was done appropriately and we got good leads. >> the attorney general to say i got some good leads, they can stop the interrogation? this isn't "colombo," where you're playing a game. you get all the evidence you can. it is a matter of life or death. i don't know of any case law which says the magistrate has the right to come into a hospital room an stop an interrogation and i don't know why the attorney general of the united states con
lawmakers are talking this morning about this marathon bomber suspect dzhokhar tsarnaev having his miranda rights read to him in the hospital after 16 hours of questioning. i want to play a clip from the attorney general eric holder talking to cnn last night at the correspondents dinner and -- about his reaction and also reaction this morning from congressman peter king, the republican from new york. let's listen to both. >> the decision to mirandize him was one that the magistrate made...
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Apr 22, 2013
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the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the follow-up. >> all right. thank you so much for those insights. up next, the international connection. a whole host of theories about the boller's motives. what if anything did his beck ground play? ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell h
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the...
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Sep 20, 2013
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okay, i'll go tell miranda. >> okay, and i'll go with you. >> oh, pops, you're going to tell miranda for me? >> no, i don't want to miss the beat down. pepper jack cheese, mushrooms, jalapeÑos, bacon, tomato and avocado. i call it, "the avocado da vinci". create your om'lart with denny's build your own omelette menu. ♪ smile on your brother ♪ everybody get together ♪ try to love one another ♪ come on, people, now [ female announcer ] breyers. the taste you've loved for over 140 years. ♪ right now but do you really? [ female announcer ] neutrogena® makeup remover erases 99% of your most stubborn makeup with one towelette. can your makeup remover do that? [ female announcer ] neutrogena® makeup remover. we now return to c"tyler perry's house of payne." >> okay, let's try this again. ladies and gentlemen, brothers and sisters, we're gathered here today, before god, to witness the union of calvin payne and miranda lucas and clarence payne jr. and janine payne. marriage is one of the biggest steps two people can take to demonstrate their love for each other. and your love wil
okay, i'll go tell miranda. >> okay, and i'll go with you. >> oh, pops, you're going to tell miranda for me? >> no, i don't want to miss the beat down. pepper jack cheese, mushrooms, jalapeÑos, bacon, tomato and avocado. i call it, "the avocado da vinci". create your om'lart with denny's build your own omelette menu. ♪ smile on your brother ♪ everybody get together ♪ try to love one another ♪ come on, people, now [ female announcer ] breyers. the taste...
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Apr 20, 2013
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don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
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Aug 31, 2013
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david miranda was detained and authorities confiscated his commuter gear. his partner glenn greenwald worked with whistle blower edward snowden. >>> "the ridiculist" is next. the timing, the actions, the reactions. everything has to synch up. my expenses are no different. receipt match from american express synchronizes your business expenses. just shoot your business card receipts and they're automatically matched up with the charges on your online statement. i'm john kaplan and i'm a member of a synchronized world. this is what membership is. this is what membership does. because of a migraine. so they trust excedrin migraine to relieve pain fast. plus sensitivity to light, sound, even nausea. and it's #1 neurologist recommended. migraines are where excedrin excels. it's back to school time. and excedrin wants to make sure your child's school is equipped to help your child excel. purchase excedrin for a chance to win one of 5 $10,000 donations to your child's school. go to excedrin's facebook page to enter. ♪ [ male announcer ] the parking lot helps by
david miranda was detained and authorities confiscated his commuter gear. his partner glenn greenwald worked with whistle blower edward snowden. >>> "the ridiculist" is next. the timing, the actions, the reactions. everything has to synch up. my expenses are no different. receipt match from american express synchronizes your business expenses. just shoot your business card receipts and they're automatically matched up with the charges on your online statement. i'm john kaplan...
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Apr 20, 2013
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why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exc
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put...
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Apr 22, 2013
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and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have outside help, do you think? >> that's an excellent question. i'm sure in the coming days and weeks, law enforcement, the press will uncover virtually every aspect of the lives of these individuals, including the answer to that question. i do know that it is relatively and probably shockingly easy to assemble the components to make a bomb from things you can obtain in the united states. and there are terrorist organizations overseas that have instructions online for how to do that. and so it's something that we ought to look carefully at from the law enforcement p
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have...
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Apr 20, 2013
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he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
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Aug 31, 2013
08/13
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david miranda was detained and his computer was confiscated. anderson? >> randi, thank you very much. the "ridicu-list" is next. too big. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. new creamy alfredo soup. [ malthen you'll need to tryink all toan oral-b toothbrush.me, oral-b pro-health toothbrushes have advanced features like crisscross bristles. made to fit the angles of your teeth better than straight bristles, oral-b pro-health toothbrushes with crisscross technology remove up to 90% of plaque in hard to reach areas. feel the difference. oral-b, trust the brand more dentists and hygienists use. oral-b. life opens up when you do. >>> time now for the "ridicu-list." tonight i'm going to ask you to pond ear question. if you could only have one of the five senses, which one would you choose? perhaps you're leaning forwards hearing so you could enjoy music and the laughter of children. you're wrong. there's only one correct answer and it comes from the deep well
david miranda was detained and his computer was confiscated. anderson? >> randi, thank you very much. the "ridicu-list" is next. too big. too small. too soft. too tasty. [ both laugh ] [ male announcer ] introducing progresso's new creamy alfredo soup. inspired by perfection. new creamy alfredo soup. [ malthen you'll need to tryink all toan oral-b toothbrush.me, oral-b pro-health toothbrushes have advanced features like crisscross bristles. made to fit the angles of your teeth...
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May 1, 2013
05/13
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the last time a judge became involved the judge gave the miranda warnings. these people may be seen more as witnesses. >> witnesses you don't usually hear suspects brought in arrested. >> they may be suspects, but they still may be sources of information, and the fbi may decide -- this will create tension between the fbi and prosecutes as to how quickly to mirandize them and lawyered up and how quickly to stop whatever interrogation is going on. it will create convicts between lawyers and the fbi. >> about the only thing remaining that could possibly be argued about the public safety exception is are there other coconspirators out there making threats? do we know where they are? not if there are bombs. it's possible. we don't know about other explosives. >> if these suspects are considered to be those of coconspirator nature, there would be no public safety issue. there would be no additional 48 hours. >> 48 hours is a myth. >> it's never been tested by the supreme court. >> never been articulated by the supreme court from what i know. the other thing is eve
the last time a judge became involved the judge gave the miranda warnings. these people may be seen more as witnesses. >> witnesses you don't usually hear suspects brought in arrested. >> they may be suspects, but they still may be sources of information, and the fbi may decide -- this will create tension between the fbi and prosecutes as to how quickly to mirandize them and lawyered up and how quickly to stop whatever interrogation is going on. it will create convicts between...
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Apr 4, 2013
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that just doesn't quite make sense to me. >> when i say miranda's next, i mean miranda warn beings. i'm not sure about west virginia, but it is a capital offense if you kill a law enforcement officer. so the execution style killing of this deputy, or rather this sheriff who was in his vehicle, that is huge. this could be a tet penalty case. and you can only imagine they being extraordinarily careful not to destroy a case before they get started and allow miranda warnings, which doesn't help us at all in terms of figuring out what's going on across the country. >> there's no question that once someone lawyers up and is mish anodized that your chabss of getting testimony from that particular suspect, that stops. but again, investigators have been on these cases for quite some time. the fact that this suspect did speak. that is going to be extremely helpful. i like your point, and to your point, that this in many states can be a capital offense when you attack a law enforcement officer. and it's so very rare. >> you're dammed if you do and dammed if you don't. if you get that informati
that just doesn't quite make sense to me. >> when i say miranda's next, i mean miranda warn beings. i'm not sure about west virginia, but it is a capital offense if you kill a law enforcement officer. so the execution style killing of this deputy, or rather this sheriff who was in his vehicle, that is huge. this could be a tet penalty case. and you can only imagine they being extraordinarily careful not to destroy a case before they get started and allow miranda warnings, which doesn't...
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Nov 27, 2013
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and miranda being miranda is taking it head on. i'm billy bush. plus how kim handled the homage
and miranda being miranda is taking it head on. i'm billy bush. plus how kim handled the homage
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Apr 20, 2013
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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Apr 23, 2013
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it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and incarcerate hundreds of terrorists. >> brown: tsarnaev was also likely to face state charges in the shooting death of a police officer at m.i.t. it all followed his dramic capture friday evening, when he was found hiding and wounded in a boat behind a home in the boston suburb of watertown. his older brother tamarlen died hours earlier in a shoot-out with police that triggered the all-day manhunt and shut down the city. yesterday, on cbs, massachusetts governor deval patrick stood by the unprecedented measures. >> i think people understood that we were ma
it was unclear if he was read his miranda rights. but in washington, white house spokesman jay carney said he's a naturalized u.s. citizen, so he will not face a military tribunal. >> he will not be treated as an enemy combatant. we will prosecute this terrorist through our civilian system of justice, under us law. u.s. citizen can not be trialed, tried rather in military commissions. and it's important to remember that since 9-11 we have used the federal court system to convict and...
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Apr 22, 2013
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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i don't know in thin blue line -- in 1976, did they read the miranda rights to him? >> they did read his rights to him. >> i remember at it one of my favorite questions from a journalist around the time i made the then blue line. i was asked by dallas journalist whether i had read miranda rights to each of my interview subjects. before i interviewed anyone, i would say, i guess according to him, should say, that you have a right to remain silent. you have a right to have an attorney except you should know that anything you tell me will be used against you in -- what is it, the court of public opinion? i don't know. and i told him that, guess what? i'm a filmmaker, not a cop. i don't read people their miranda rights. that's not part of what i'm even supposed to do. in part of this -- i think this is something we're forgetting about nowdays. there's a kind of journalist idea -- i mean, i mourn the passing of tony lewis this last week, who i considered to be a great american. when i had my argument about the rand mcnally atlas and the location of reno when was a little
i don't know in thin blue line -- in 1976, did they read the miranda rights to him? >> they did read his rights to him. >> i remember at it one of my favorite questions from a journalist around the time i made the then blue line. i was asked by dallas journalist whether i had read miranda rights to each of my interview subjects. before i interviewed anyone, i would say, i guess according to him, should say, that you have a right to remain silent. you have a right to have an attorney...
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Apr 22, 2013
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there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do you want to know? >> we want to know if there's further risk to the public and other co-conspirators out there that pose a risk. was there foreign direction? foreign players still involved in this. how did they organize this? was this self-directed by these two or was there foreign direction? you can imagine over the next weeks and months that's what the intelligence agencies are going to be poring through. we'll know as much as we possibly can about every day in their lives over the last few years, every trip they made, every person they talked to. every family member that can b
there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do...
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Apr 20, 2013
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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Apr 23, 2013
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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Mar 14, 2013
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police arrested miranda. a bust that land to a landmark supreme court copsg that change how treat suspect criminals. after a brief interrogation police emerged with his written confession. a jury convicted him but the american civil liberties union defend tsd his appeal claiming the cops had forced the confession. the high court ruled miranda's constitutional rights were never protected that helped establish the miranda warning. to this day, police must tell suspects you have the trite remain silent thanks to an arrest that came 50 years ago today. and now you know the news for this wednesday, march the 13th, 2012. i'm shepard smith in rome, where we have a new pope. inauguration on fox news channel on tuesday. until then, have a great night. >> bill: the o'reilly factor is on. tonight: [cheers] there is a brand new pope he is he from are argentina. we will tell you all about him and take you orome. [speaking italian] >> we don't have an immediate crisis in terms it of debt. in fact, for the next 10 years it'
police arrested miranda. a bust that land to a landmark supreme court copsg that change how treat suspect criminals. after a brief interrogation police emerged with his written confession. a jury convicted him but the american civil liberties union defend tsd his appeal claiming the cops had forced the confession. the high court ruled miranda's constitutional rights were never protected that helped establish the miranda warning. to this day, police must tell suspects you have the trite remain...
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Aug 20, 2013
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now miranda is taking legal action against the british government. joining me now from london is our cnn senior international correspondent matthew chance. matthew, this seems to be getting pretty ugly with glenn greenwald focusing his energies on releasing information pertaining to london. >> reporter: they haven't released reaction to that threat. glenn greenwald has an e-mail to reuters news agency that said he would not be releasing any documents he wasn't otherwise going to publish as an act of revenge. he's been seeking to play that down. there has been reaction here to the detention of david miranda both from british authorities who say it was totally justified and from human rights activists who say this was something that was unnecessary and abuse of anti-terrorism laws in this country. as you mentioned, of course, the lawyers representing david miranda say they will be challenging that detention in the courts very shortly. >> what are people there saying about this? do they feel as though this is legitimate that this person was detained und
now miranda is taking legal action against the british government. joining me now from london is our cnn senior international correspondent matthew chance. matthew, this seems to be getting pretty ugly with glenn greenwald focusing his energies on releasing information pertaining to london. >> reporter: they haven't released reaction to that threat. glenn greenwald has an e-mail to reuters news agency that said he would not be releasing any documents he wasn't otherwise going to publish...
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May 17, 2013
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rights, because wasn't one of the things about the miranda rights they weren't admissible? >> potentially. if he had not been mirandized, those statements might not have been admissible. i've always thought that miranda issue was sort of a red herring. this case is not a whodunit. there will be abundant evidence that he did this. but if you have this scrawled note, that's potentially even better and more dramatic evidence than anything he might have said to the cops from the hospital. >> if it becomes a death penalty case, this level of premeditation could impact that. >> extremely important for death penalty case. i mean, all the issues that come up in the death penalty case, premeditation, callousness, you know, really intending to kill people, that note would seem to be very directly relevant on all those issues. >> if the investigation, though, doesn't go as the authorities hope, and they're not able to piece together all the parts of the puzzle, they might still offer him a deal, take the death penalty off the table. >> they might. they might. this is still early in th
rights, because wasn't one of the things about the miranda rights they weren't admissible? >> potentially. if he had not been mirandized, those statements might not have been admissible. i've always thought that miranda issue was sort of a red herring. this case is not a whodunit. there will be abundant evidence that he did this. but if you have this scrawled note, that's potentially even better and more dramatic evidence than anything he might have said to the cops from the hospital....
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is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...
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. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
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May 8, 2013
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he was read his miranda rights and he has been talking. he will be formally charged. brian, don't go too far away. ariel castro, four counts of kidnapping, amanda berry, gina dejesus, michelle knight, and the child of amanda berry, raping these four women over the twours of ten years. also the other breaking news we're following as well. >>> happening now, two breaking news stories we're following, a guilty verdict in the closely-watched jodi arias murder trial. so what's next? plus, charges in the cleveland kidnapping, but only for one of the three castro brothers. you're going to find out what happens next. >>> i'm wolf blitzer. we want to welcome our viewers from around the united states and around the world. and around the world. you're in "the situation room." -- captions by vitac -- www.vitac.com >>> state of arizona verse jodi ann arias, verdict, count one. we, the jury, dully impaneled and sworn in the above-entitled action upon our oaths find the defendant first-degree murder, guilty. >> so there's the verdict, right there. announced an hour or so ago. jodi a
he was read his miranda rights and he has been talking. he will be formally charged. brian, don't go too far away. ariel castro, four counts of kidnapping, amanda berry, gina dejesus, michelle knight, and the child of amanda berry, raping these four women over the twours of ten years. also the other breaking news we're following as well. >>> happening now, two breaking news stories we're following, a guilty verdict in the closely-watched jodi arias murder trial. so what's next? plus,...
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Apr 26, 2013
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i want to ask you about the miranda rights question. it's interesting to me, it sounds like dzhokhar tsarnaev did not have a lawyer present, he had not been read his miranda rights when he confessed to the bombing. how much of the fact that he was still under this public safety exemption and didn't have his miranda rights read to him and then basically has clammed up in the days since -- how much do you think that affects sort of the weight of the confession, if you will? >> it's not clear that the government needs that, those statements to make its case. there seems to be overwhelming evidence here, forensic, photographic, video, that's going to be able, that they'll be able to use to convict him. so whatever statements he made was, were for intelligence purposes that have helped the fbi try to piece together what happened here. but they're not really needed to make the case in court. >> nbc's michael isikoff, thank you as always. >>> coming up, mayor bloomberg has already taken up fights against soda, salt and cigs. his next battle? g
i want to ask you about the miranda rights question. it's interesting to me, it sounds like dzhokhar tsarnaev did not have a lawyer present, he had not been read his miranda rights when he confessed to the bombing. how much of the fact that he was still under this public safety exemption and didn't have his miranda rights read to him and then basically has clammed up in the days since -- how much do you think that affects sort of the weight of the confession, if you will? >> it's not...
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. >>> up next, was the surviving suspect read his miranda rights too soon? what impact will it have on the investigation? we'll talk about that and more with our senior legal analyst, jeffrey toobin. >>> bomb-sniffing dogs, will new technology soon put them out of technology soon put them out of a job? s. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and we're creating tax free zones for business startups. the new new york is working creating tens of thousands of new businesses, and we're just getting started. to grow or start your business visit thenewny.com great first gig! let's go! party! awwwww... arigato! we are outta here! party...... finding you the perfect place, every step of the way. hotels.com >>> new concerns are being raised about dzhokhar tsarnaev's interrogation and whether it was handled the right way. federal investigations questioned him for about 16 hours after his capture last friday, without reading his miranda rights.
. >>> up next, was the surviving suspect read his miranda rights too soon? what impact will it have on the investigation? we'll talk about that and more with our senior legal analyst, jeffrey toobin. >>> bomb-sniffing dogs, will new technology soon put them out of technology soon put them out of a job? s. we've reduced taxes and lowered costs to save businesses more than two billion dollars to grow jobs, cut middle class income taxes to the lowest rate in sixty years, and...
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Apr 21, 2013
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that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for ironing all that out for us. >>> the legal questions over whether dzhokhar tsarnaev be tried as an enemy combatant, we'll take it further after the break. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. it shows. we don't run like that. we build john deere equipment the way we always have: the right way. times change. our principles don't. you don't just have our word on it. yo
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for...
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he has not been read his miranda rights yet. u.s. officials say he is being interrogated by a special team of agents from the california a pentagon and the fbi. anything he tells them cannot be used in court. once al libi is turned over to the justice department, he will be read his miranda rights and evidence gathering will begin for a criminal prosecution. >>> 12 minutes past the hour here. coming up? >> when we buried kendrick, we thought we were burying kendrick, not half a kendrick. >> incredible and shocking twist in a the mysterious death of a teenager found dead inside his high school. >>> kidnapped by the mother who murdered her mother and brother, hanna anderson talks about how her life was threatened in a dangerous game. that is coming up next. >>> welcome back to "early start." 15 minutes past the hour. >>> this morning it's another shocking twist in the case of a georgia teenager found dead in a high school gym. his family insists kendrick johnson was murdered and an intpt autopsy has now agreed. but police in georgia ar
he has not been read his miranda rights yet. u.s. officials say he is being interrogated by a special team of agents from the california a pentagon and the fbi. anything he tells them cannot be used in court. once al libi is turned over to the justice department, he will be read his miranda rights and evidence gathering will begin for a criminal prosecution. >>> 12 minutes past the hour here. coming up? >> when we buried kendrick, we thought we were burying kendrick, not half a...
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should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as lindsey graham are -- we understand, they say, we understand he's going to be tried in civilian court but start the questioning -- treat him as an enemy combatant under the law of war. question him by intelligence people. get all the intel you can. then turn him over to the civ civilian authorities. that's what they advocate. that's not going to happen, the administration has decided. he'll be questioned first by this special group set up in the last couple of years in terror cases called the high value detainee interrogation group, fbi cia, dod. they don't have a long time to do that
should he be given miranda rights? should he be treated as an enemy combatant? that debate has started. give me the facts, first, what they'll do. >> this administration has made a policy decision here. first, that's number one. secondly, he cannot be tried as an enemy combatant in a military tribunal because that law was changed by the national defense authorization act of 2012 that says you can't do that to an american citizen. what some advocates, republicans, are saying such as...
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people who support us like george strait and george jones before he passed away and clay walker and miranda lambert and mar tina mcbride. they support our heroes, too. >> there is no place like home for the holidays. unfortunately many americans can't fly home to spend christmas with their families. we'll meet the people he's helping out. stay with us. harris faulkner back to huckabee. ♪ >> well, welcome back. i want to wish a very happy birthday to myrtle shepherd. she will turn 100 years old on christmas eve. we say happy birthday and merry christmas to you. and a quick word. ouricism though to the ray price family. he has been a guest two different times. ray passed away this past week and our hearts go out to his family. a great loss to the music world. you know, everyone. everyone wants to be home for christmas. but sometimes it is tough to get there. and most of us think that santa claus is a jolly old man and a bright red suit, but santa claus comes in different forms. the guy sitting next to me is like a santa claus. he is helping folks get home for christmas by giving away the ai
people who support us like george strait and george jones before he passed away and clay walker and miranda lambert and mar tina mcbride. they support our heroes, too. >> there is no place like home for the holidays. unfortunately many americans can't fly home to spend christmas with their families. we'll meet the people he's helping out. stay with us. harris faulkner back to huckabee. ♪ >> well, welcome back. i want to wish a very happy birthday to myrtle shepherd. she will turn...
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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Apr 26, 2013
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what do you know about the reading of dzhokhar tsarnaev's miranda rights? >> erin, it's the law. they have to read him his mir ran da rights. the question that was being done was in the interest of public safety. investigatorings wanted to know whether there was anymore bombs. this questioning was done over the course of several hours. doctors were present and they allowed the defendant to speak, not to speak, but they allowed the defendant to answer these questions. he was heavily sedated. the justice department is really pushing back on this one. the suggestion that the judge interrupted him prematurely, simply incorrect. the u.s. attorneys are the ones prosecuting this case. they're the ones who are in charge. but as soon as a criminal complaint is filed, there's a certain amount of time in which the department has to show for initial appearance. the judge was here at the hospital. so she was here and this was done well in advance. the prosecutors office knew about it. court report, u.s. marshal. even the staff here at the hospital. so this was done the way it was supposed to
what do you know about the reading of dzhokhar tsarnaev's miranda rights? >> erin, it's the law. they have to read him his mir ran da rights. the question that was being done was in the interest of public safety. investigatorings wanted to know whether there was anymore bombs. this questioning was done over the course of several hours. doctors were present and they allowed the defendant to speak, not to speak, but they allowed the defendant to answer these questions. he was heavily...
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this is the same judge miriam boller, who administered the miranda rights to dzhokhar tsarnaev in the hospital last monday, so interesting to note there. during both of these hearings, that the three suspects who are all three 19 years old, looked very downtrodden. they walked in with chains around their feet. they were handcuffed. they didn't make eye contact with anyone and looked down a lot hence the statement from judge boller, talking to phillipos. during the hearing, the judge made them aware of the federal charges they face for the two students, the diaz kadyrbayev and tazhayakov facing conspiracy to obstruct justice. she told them the charges and asked if they understood. they were very soft spoken when they responded yes and the same thing happened with phillipos. when it came time to talk about the questions for bail, all the attorneys decided to waive this, to waive the detention hearing and, instead, have more time. and i spoke to the attorneys for two of the suspects and they said they wanted more time to put together a bail package so what this means is that they opted a
this is the same judge miriam boller, who administered the miranda rights to dzhokhar tsarnaev in the hospital last monday, so interesting to note there. during both of these hearings, that the three suspects who are all three 19 years old, looked very downtrodden. they walked in with chains around their feet. they were handcuffed. they didn't make eye contact with anyone and looked down a lot hence the statement from judge boller, talking to phillipos. during the hearing, the judge made them...
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Apr 23, 2013
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as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also learning more this morning about -- we're learning more this morning about criminal complaints against tsarnaev detailing step by step how the deadly attack on the boston marathon unfolded. our coverage continues this morning with miguel marquez outside best israel deaconess medical center right here in boston. good morning, miguel. >> good morning, john. this is the criminal complaint that contains what we expect are the first charges. we'll see many more against mr. tsarnaev. in the criminal complaint, investigators built a minute by minute account of the tsarnaev brothers as they moved the crowds at the mara
as you know there was a public safety exemption before he was read his miranda rights. so there was time when law enforcement had the opportunity to talk to him before he had quote/unquote lawyered up. but we don't know yet whether or not this information came before he said he understood his rights, or after. >> all right, jake tapper, terrific reporting. great to have you here this morning. >> thanks, john. >> don't miss "the lead" every day at 4:00. we're also...
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did he receive his miranda warnings. one of the major differences between a criminal court and military tribunal relates potentially at least to miranda warnings. in a criminal court, the statement is only admissible if he had received his miranda warnings. there are ways in military tribunals to admit those statements even if they were not given. >> and even if you're interrogated and you get that information via the water board, you can use it in guantanamo, you can't use it here. >> i don't think that's true. you cannot use information obtained by torture in guantanamo. >> but that's enhanced interrogation and that's fair game. >> i think the government has said they will not attempt even against major figures like khalid shaikh mohammed to use information that was obtained through water ready boarding. >> so before we get so excited about who this guy is and how he might see justice,eady boarding. >> so before we get so excited about who this guy is and how he might see justice,ady boarding. >> so before we get so ex
did he receive his miranda warnings. one of the major differences between a criminal court and military tribunal relates potentially at least to miranda warnings. in a criminal court, the statement is only admissible if he had received his miranda warnings. there are ways in military tribunals to admit those statements even if they were not given. >> and even if you're interrogated and you get that information via the water board, you can use it in guantanamo, you can't use it here....